As a Divorce Attorney on Long Island, certain clients stand out as examples of the stress and misinformation many people have about divorce in Nassau and Suffolk counties

One client that remains at the forefront on my mind is an individual whose first words upon entering my office were this, “My spouse is NOT getting half of my motorcycle.”

This sentiment is near and dear to me, as I am an avid motorcycle enthusiast myself. I asked this individual where he got this idea from, and he calmly stated his wife had been using his beloved motorcycle as a bargaining chip throughout the course of their marriage.

Many clients have that certain item of personal property which they would never be willing to part with, and their spouse is often well aware of what it is and how much it means to them. This provides them with the opportunity for emotional “blackmail” during a Nassau County or Suffolk County Divorce. Fortunately, Section 236(B) of New York’s Domestic Relations Law clearly provides that the State of New York is an equitable distribution jurisdiction, which does not mean that assets are divided straight down the middle.

What is Equitable Distribution in Nassau County, Suffolk County, Long Island?

Equitable distribution is the process through which marital assets and debts are distributed during Long Island divorce proceedings. Rather than simply splitting the debts and assets on an equal (50/50) basis, the Court will take into consideration the totality of the circumstances as they may pertain to each party.

What Property is Subject to Equitable Distribution in New York?

As stated above, equitable distribution is the process by which marital debts and assets are distributed during your Long Island divorce. As it is “Equitable”, not “Equal”, certain property will not be subject to this type distribution scheme. Marital property is defined under Section 236(B)(1)(c) of the Domestic Relations law as “all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held.”

You likely want to know what separate property is. Again, as defined in the Domestic Relations Law, separate property is “(1) property acquired before marriage or property acquired by bequest, devise, or descent, or gift from a party other than the spouse; (2) compensation for personal injuries; (3) property acquired in exchange for or the increase in value of separate property, except to the extent that such appreciation is due in part to the contributions or efforts of the other spouse; and (4) property described as separate property by written agreement of the parties pursuant to [Domestic Relations Law §236(B)(3)].”

Suppose either party purchased real estate or a plot of vacant land prior to the marriage. That house in Florida or vacant land in California remains the sole property of the person who purchased it prior to the marriage and is not “marital property”. What Factors are considered in Equitable Distribution and How Does it Work? Nassau County and Suffolk County courts will look at a variety of factors as further set forth in Section 236(B). These factors include, amongst other things:

the income of each party at the time of the marriage

the length of the marriage

whether one spouse is receiving maintenance

the loss of health insurance benefits upon dissolution of the marriage

Let us tie in the motorcycle example. Say the parties obtain an appraisal on Mr. Smith’s Harley Davidson motorcycle, and it is valued at $13,000. Mr. Smith does not have to sell his motorcycle and give Mrs. Smith $6,500, or one-half of the proceeds of the sale. Rather, Mr. Smith can retain the motorcycle as his sole, exclusive and separate property, and Mrs. Smith will be awarded assets approximately equal in value. Therefore, Mr. Smith retains the beloved motorcycle, and Mrs. Smith retains assets which equal the approximate monetary value of the Harley Davidson.

Are my Spouse and I Bound by New York’s Equitable Distribution Statute?

The simple answer to this question is No. As always, equitable distribution, and entering the court system, is a last resort. Many divorce attorneys on Long Island, including myself, will first attempt to settle a matter amicably, through 4-way settlement conferences and negotiation, rather than immediately requesting a court date. If the parties’ matter is not before a court, they are free to agree upon whatever property distribution settlement they may desire. However, if the parties are unable to reach a fair resolution of their matter, the only way to proceed with a Nassau County or Suffolk County divorce is to utilize the court system, and therefore, equitable distribution.

Receive a Free Consultation from an Experienced Divorce Attorney, Long Island’s Robert E. Hornberger, Esq.

If you have questions about property division during your Long Island divorce, you should immediately consult an experienced local divorce attorney. Long Island’s Robert E. Hornberger, Esq., PC’s compassionate and experienced divorce attorneys can help. Interested in learning more about our divorce attorney? Long Island residents are encouraged to call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you

Download our Free New York Divorce Guide

Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced Divorce Attorney Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.

Related Posts

With many years of experience as a divorce lawyer on Long Island, I have seen first-hand, how the division of marital property is perhaps the largest issue in most people Nassau County or Suffolk County divorce. Divorces on Long Island are governed by the laws of the State of New…

As a Family Law Attorney practicing in Nassau County and Suffolk County, Long Island, I have seen as more and more couples wait until they are more established in their careers before marrying, and the increase in second or even third marriages, the number of couples looking to have pre-nuptial…

Equitable Distribution of assets and debts is a key part of any divorce. As a Divorce Lawyer on Long Island, I see that the major concern for couples going through a divorce is how debts and liabilities will be shared once the spouses go their separate ways. Nassau County and…

Reviews

I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!

I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

* indicates required

First Name *

Last Name *

Email Address *

Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Hornberger Verbitsky, P.C. | 631-923-1910

Copyright 2019. All Rights Reserved. Hornberger Verbitsky, P.C.

445 Broadhollow Road, Suite 110, Melville, NY 11747 | 631-923-1910

Long Island Divorce Attorneys, Divorce Lawyers, Divorce Mediators, Family Law Attorneys serving Nassau County, Suffolk County and the five boroughs of New York City.

Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full Privacy Policy

Attorney Advertising. This web site is designed for general information only. The information presented in this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.